LAWS(MAD)-2009-11-658

BALASUBRAMANIAM Vs. COMMISSIONER CORPORATION OF CHENNAI

Decided On November 04, 2009
BALASUBRAMANIAM Appellant
V/S
COMMISSIONER CORPORATION OF CHENNAI Respondents

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioners, who are claiming to have their shops inside the Victoria public Hall compound (for short VP Hall) and were claiming to pay licence fees to the VP Hall Trust Board, have challenged two notices issued by the corporation of Chennai. The first notice was issued by the Corporation, dated 5. 8. 2009. The said notice directed the occupants/licensees to vacate their respective premises within seven days and hand over vacant possession to the corporation, failing which appropriate legal action will be taken against them.

(3.) THE reason given by the respondent Corporation in the impugned notice was that the Victoria Public Hall Trust Board on 11. 3. 2009 passed a resolution to hand over to the Corporation its movable and immovable properties. The petitioners without any valid lease or licence are running their shops in the place leased out to the Victora Public Hall. In view of the resolution, there was no right for the petitioners to carry on their business there. It was also stated that the Victoria Public Hall Trust Board itself was a lessee under the Corporation of Chennai. They have no right either to lease or rent out the premises under the terms of the lease. It was also stated that the VP Hall was almost 120 years old and it was in a damaged and dilapidated condition. The Corporation of chennai had decided to restore the building to its old glory as an heritage building. In view of public interest, the Corporation wanted to repair and restore the building.